Schmitt v. NIC Insurance Company et al

Filing 54

STIPULATION AND ORDER DISMISSING CASE WITH PREJUDICE; Signed by Judge Marilyn Hall Patel on 9/11/2008. (awb, COURT-STAFF) (Filed on 9/12/2008)

1 Susan F. Halman, State Bar No.1 11511

SEL VIN WRAITH HALMAN LLP

2 505 14th Street, Suite 1200
Oakland, CA 94612
3 Telephone: [phone] Facsimile: [phone]
4 E-mail: shalman(iselvinwraith.com
5

Attorneys for Defendant
6 NIC Insurance Company; Navigators Insurance Company

7

IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
9

10

1 1 RICHAR SCHMITT, doing business as,
SCHMITT CONSTRUCTION, a California 12 paiinership,
13

CASE NO.: 3:06cv05837-MHP

STIPULATION TO DISMISS ENTIRE ACTION WITH PREJUDICE
Complaint Filed: May 25,2006

14 v.
1 to 20,
17

Plaintiff,

15 NIC INSURNCE COMPANY, a New York corporation, NAVIGATORS INSURNCE 16 COMPANY, a New York corporation, and Does
Defendant.
18

19 THE PARTIES TO THIS ACTION HEREBY STIPULATE AS FOLLOWS:

20 P1aintiffRichard Schmitt dba Schmitt Constmction ("Plaintiff') and Defendant NIC Insurance
21 Company have entered into a Compromise Settlement Agreement and Release resolving this action as
22 to all paiiies, including Defendant Navigators Insurance Company. Pursuant to the terms of

the

23 Compromise Settlement Agreement and Release, and in accordance with Federal Rule of Civil
24 Procedure 41(a)(1), Plaintiff and Defendants, by and through their respective counsel of

record,

25 hereby stipulate:
26
27
1.

The above-entitled action shall be dismissed, with prejudice, as against all Defendants;

2.

The parties shall bear their own costs and fees, except as provided otherwise in the

28 Compromise Settlement Agreement and Release;
1

STIPULATION TO DISMISS ENTIRE ACTION WITH PREJUDICE

CASE NO.: 3:06cv05837-MHP

1

2
3 action.

3.

The parties executing this Stipulation are the only parties who have appeared in this

4 Dated:
5

THE COSTA LAW FIRM

6 7
8

By:

Daniel P. Costa Attorneys for Plaintiff Richard Schmitt dba Schmitt Constmction
Dated: August 25,2008

9 10
11

SEL VIN WRAITH HALMAN LLP

By:

12
13

Attorneys for Defendant NIC Insurance Company
Dated: August 25, 2008

14
15

SEL VIN WRAITH HALMAN LLP

16 17
18
44649.doc

By:

Súsan F. Halman Attorneys for Defendant Navigators Insurance Company

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UNIT ED

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S DISTRICT TE C TA

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ER

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N

D IS T IC T R

OF

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2

STIPULATION TO DISMISS ENTIRE ACTION WITH PREJUDICE

CASE NO.: 3:06cv05837-MHP

A

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FO

arilyn Judge M

l H. Pate

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O OR IT IS S

DERED

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